A Kenyan has moved to court seeking to compel the Director of Public Prosecution (DPP) to investigate and charge Energy PS Joseph Njoroge over a Kenya Power #ticker:KPLC scandal.
Justus Rotich claims that the DPP left out Dr Njoroge, who also served as Kenya Power managing director. He says the DPP left out Dr Njoroge when he charged the former MD’s successors, Ken Tarus and Ben Chumo.
Mr Rotich claims that Dr Njoroge served as Kenya Power managing director from 2007 to 2013 during the time the alleged scandal happened.
Mr Chumo, Mr Tarus and nine senior managers at the power company were charged in court last July with procurement offences between 2012 and 2018.
“The respondent selectively omitted to investigate or charge Dr Joseph Njoroge, the current PS Energy and Petroleum, who served as managing director from 2007 to May 2013 when some of the alleged procurement offences were committed,” he says.
Mr Rotich wants to be allowed to commence private prosecution in the event DPP fails to investigate and charge Mr Njoroge.
Mr Chumo, Tarus and all charged alongside them denied charges of economic crimes, abuse of office and conspiracy to defeat justice in the purchase of substandard transformers worth over Sh409 million.
The DPP ordered the arrest of the firm’s managers over procurement of defective transformers and irregularities in pre-qualifying 525 companies for labour and transport contracts.
They were charged with conspiracy to defraud contrary to Section 317 of the Penal Code, conspiracy to commit an offence of economic crime contrary to Section 47 A (3), abuse of office, wilful failure to comply with the law relating to procurement and conspiracy to defeat justice.
Mr Njoroge is listed as an interested party in the suit filed yesterday at the constitutional division of Milimani Courts.